“And these are the laws that you shall place before them ….” (Shemot, 21:1) Here it is not said, “And God spoke to Moshe saying,” as with all the mitzvot, for the matter here discusses civil legal enactments (“mishpatim”), and concerning justice there is no difference between the great and the small. This may be compared to when the king goes out to inspect and judge his soldiers; then they all stand in the same line, even their senior officer standing in the line. Thus it is written (Yesahya, 56:1), “keep justice, and perform tzedaka [righteousness], for My salvation is close at hand.” “Keep” is an expression of restraint, saying that no soul of Israel should bear greivences against God concerning His attributes (where He is concealed from us). He should refrain from asking why He does not help him to serve Him, especially as this is what He desires, so why does God not help him immediately? Therefore it is said, “keep justice and perform tzedaka,” meaning to cleave to God with righteousness and honesty of heart, and not holding any grudges. This being done, “My salvation is close at hand,” meaning that God will reveal to us the order with which he conducts our lives in the exile. Then He will send consolation, making it clear that none of the longing and suffering that Israel underwent in the service of God was in vain. On this it is said in the holy Zohar (Shemot, 150b), “even a man’s good intention will not be lost,” for with every action man does, even if it seems now to be insignificant, in the future God will expand upon it greatly. In this week’s Parsha, God teaches us how one must clean and refine himself, to the extent that his attribute of goodness is even drawn into his possessions, and then good attributes will be found in them so as not to cause damage to anyone else. Therefore, when a man’s possessions cause damage, he must pay for the damages, for the damage was done because his soul was not refined enough. Thus his possessions could cause damage, or he could steal from another, for if his soul was in a state of true refinement then his possessions could never do damage to another. So it was told in the Gemara (Ta’anit, 25a), “the neighbors of R. Channina ben Dosa complained that his goat was causing them damages. He said, ‘if it is so, then let them be eaten by bears.’ The goats went into the forest, and returned each with a bear on its horns.” Furthermore, it is said in Berachot (16b), “Manservant and maidservants are not addressed as ‘father so-and-so’ or ‘mother so-and-so’ [a title of honor] except for the servants of the house of Rabban Gamliel, who were called so because of their importance.” This means that the power of the Kedusha of Rabban Gamliel extended even to his possessions, and they too were good (his goodness extended into them).
וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם. הָעִנְיָן שֶׁלֹּא נֶאֱמַר כָּאן וַיְדַבֵּר ה' אֶל מֹשֶׁה כְּמוֹ בְּכָל הַצִּוּוּיִים, אַךְ לַאֲשֶׁר הָעִנְיָן הַזֶּה מְדַבֵּר בְּמִשְׁפָּטִים, וּבְעִנְיַן הַמִּשְׁפָּט אָז אֵין הֶפְרֵשׁ בֵּין גָּדוֹל לְקָטוֹן, כְּמוֹ בְּעֵת שֶׁהַמֶּלֶךְ בָּא לִרְאוֹת וְלִשְׁפֹּט אֶת חַיָּלָיו אָז הַכֹּל עוֹמְדִים שָׁוֶה בְּהַשּׁוּרָה וְאַף הָרֹאשׁ עוֹמֵד בְּתוֹךְ הַשּׁוּרָה. וְהִנֵּה כְּתִיב (ישעיה נ"ו,א') "שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה כִּי קְרוֹבָה" כוּ'. שִׁמְרוּ הוּא לְשׁוֹן הַמְתָּנָה וְהוּא שֶׁלֹּא יִתְרַעֵם שׁוּם נֶפֶשׁ מִיִּשְׂרָאֵל עַל מִדּוֹת הַש"י, מַדּוּעַ לֹא יַעֲזֹר לוֹ שֶׁיּוּכַל לְעָבְדֵהוּ בִּשְׁלֵמוּת, מֵאַחַר שֶׁהוּא מִשְׁתּוֹקֵק לָזֶה לָמָּה לֹא יַעַזְרוֹ הַש"י מִיָּד. עַל זֶה נֶאֱמַר "שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה", הַיְינוּ שֶׁיִּדְבַּק בְּהַש"י בִּצְדָקָה וּבְיַשְׁרוּת לֵב וְלֹא יִתְרַעֲמוּ, וְאָז "קְרוֹבָה יְשׁוּעָתִי לָבוֹא", הַיְינוּ שֶׁיְּגַלֶּה לָנוּ הַש"י אֶת הַסֵּדֶר שֶׁהָיָה מִתְנַהֵג עִמָּנוּ בַּגָּלוּת וְיִשְׁלַח נִחוּמִים וְנִרְאֶה כִּי לֹא נֶאֱבַד מֵאִתּוֹ שׁוּם דְּבַר הַקִּוּוּי וְהַצַּעַר שֶׁסָּבְלוּ יִשְׂרָאֵל בַּעֲבוֹדָתוֹ יִתְבָּרַךְ. כִּדְאִיתָא בַּזוה"ק (שמות ק"נ:) "אֲפִילּוּ רְעוּתָא טָבָא דְּבַר נָשׁ לָא מִתְאֲבִיד", וְכָל מַעֲשֶׂה שֶׁאָדָם עוֹשֶׂה אַף שֶׁנִּרְאֶה עַתָּה כְּמַעֲשֶׂה קְטַנָּה יִתְפַּשְּׁטֶהָ הַש"י לֶעָתִיד מְאֹד. וְהִנֵּה בְּזֹאת הַסִּדְרָה מְלַמֵּד אוֹתָנוּ הַש"י אֵיךְ צָרִיךְ הָאָדָם לְנַקּוֹת וּלְבָרֵר אֶת עַצְמוֹ, עַד שֶׁמִּדַּת טוּבוֹ יִמָּשֵׁךְ וְיִתְפַּשֵּׁט אַף עַל כָּל קִנְיָנָיו וְיִהְיֶה נִמְצָא גַּם בָּהֶם מִדּוֹת טוֹבוֹת שֶׁלֹּא יַזִּיקוּ לְשׁוּם אָדָם, וְעַל כֵּן כְּשֶׁקִּנְיָנוֹ שֶׁל אָדָם מַזִּיק צָרִיךְ לְשַׁלֵּם, כִּי הַהֶיזֵּק נִצְמַח בְּיַעַן כִּי אֵין נַפְשׁוֹ מְזֻכָּךְ כָּל כָּךְ, לָכֵן יוּכְלוּ קִנְיָנָיו לְהַזִּיק אוֹ לִגְזֹל אֶת חֲבֵירוֹ, כִּי בְּאִם לֵב הָאָדָם מְזֻכָּךְ אֵין קִנְיָנוֹתָיו יְכוֹלִין לְהַזִּיק לַחֲבֵירוֹ כְּמוֹ שֶׁנִּמְצָא (תענית כ"ה.) בְּעִיזָּא דְּרַבִּי חֲנִינָא בֶּן דּוֹסָא דְּאַיְיתִי דּוּבָּא בְּקַרְנַיְהוּ וְזֶה דְּאִיתָא בְּמַסֶּכֶת בְּרָכוֹת [ט"ז:] "עֲבָדִים וּשְׁפָחוֹת אֵין קוֹרִין אוֹתָן אַבָּא פְּלוֹנִי אוֹ אִמָּא פְּלוֹנִית, שֶׁל בֵּית רַבָּן גַּמְלִיאֵל הָיוּ קוֹרִין אוֹתָן מִשּׁוּם דַּחֲשִׁיבָא", הַיְינוּ שֶׁמִּכֹּחַ קְדֻשַּׁת רַבָּן גַּמְלִיאֵל נִתְפַּשֵּׁט גַּם עַל קִנְיָנָיו וְהָיוּ גַּם כֵּן טוֹבִים.
“And these are the laws that you shall place before them ….” (Shemot, 21:1)
Here it is not said, “And God spoke to Moshe saying,” as with all the mitzvot, for the matter here discusses civil legal enactments (“mishpatim”), and concerning justice there is no difference between the great and the small. This may be compared to when the king goes out to inspect and judge his soldiers; then they all stand in the same line, even their senior officer standing in the line. Thus it is written (Yesahya, 56:1), “keep justice, and perform tzedaka [righteousness], for My salvation is close at hand.” “Keep” is an expression of restraint, saying that no soul of Israel should bear greivences against God concerning His attributes (where He is concealed from us). He should refrain from asking why He does not help him to serve Him, especially as this is what He desires, so why does God not help him immediately?
Therefore it is said, “keep justice and perform tzedaka,” meaning to cleave to God with righteousness and honesty of heart, and not holding any grudges. This being done, “My salvation is close at hand,” meaning that God will reveal to us the order with which he conducts our lives in the exile. Then He will send consolation, making it clear that none of the longing and suffering that Israel underwent in the service of God was in vain. On this it is said in the holy Zohar (Shemot, 150b), “even a man’s good intention will not be lost,” for with every action man does, even if it seems now to be insignificant, in the future God will expand upon it greatly.
In this week’s Parsha, God teaches us how one must clean and refine himself, to the extent that his attribute of goodness is even drawn into his possessions, and then good attributes will be found in them so as not to cause damage to anyone else. Therefore, when a man’s possessions cause damage, he must pay for the damages, for the damage was done because his soul was not refined enough. Thus his possessions could cause damage, or he could steal from another, for if his soul was in a state of true refinement then his possessions could never do damage to another.
So it was told in the Gemara (Ta’anit, 25a), “the neighbors of R. Channina ben Dosa complained that his goat was causing them damages. He said, ‘if it is so, then let them be eaten by bears.’ The goats went into the forest, and returned each with a bear on its horns.” Furthermore, it is said in Berachot (16b), “Manservant and maidservants are not addressed as ‘father so-and-so’ or ‘mother so-and-so’ [a title of honor] except for the servants of the house of Rabban Gamliel, who were called so because of their importance.” This means that the power of the Kedusha of Rabban Gamliel extended even to his possessions, and they too were good (his goodness extended into them).